Does Allah approve of what the wife is doing after she expelled her husband from the home and refused divorce or khul' so that she would not have to return his rights, and what is the ideal course of action in such a situation?
1. It is forbidden for a wife to mistreat her husband, neglect marital rights, and expel him from the home. This constitutes nushūz (rebellion).
2. Any money or gold gifted by the husband to his wife becomes her property if she takes rightful possession of it.
3. It is not permissible for the wife's father to differentiate between his daughters in giving gifts, as the preponderant opinion is that equality is obligatory in such matters.
4. The amount taken by the wife's father is considered a debt upon him, and the husband has the right to claim it from his estate. However, he does not have the right to claim the apartment where the wife resides.
5. It appears that what the wife gifted to her husband—her deferred mahr (dowry) and the amount deposited in the bank—was intended by her for him to divorce her and for her not to return to her apartment.
6. Prudent individuals should intervene to reconcile the spouses. If this proves ineffective, the husband has the choice of refraining from divorcing her until she offers him financial compensation for her release, or divorcing her without compensation if he sees benefit in doing so.
7. It is not possible to conclusively decide such complex issues with a fatwa alone. The matter must be referred to a Sharīʿah court to examine its details.
Summarized from the full answer at Ftawy · reviewed Sep 2, 2026
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